Abul Ali and 46 Ors. Vs the State of Assam and 5 Ors.

18: RUPCHAND ALI S/O- JONGSHER ALI VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035 19: RABIYAL HUSSAIN S/O- BILLAL HUSSAIN VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035

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20: HABIA KHANAM @ HABIYA KHANAM BARBHUYAN W/O- BAHARUL ISLAM

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035 21: MOHI UDDIN AHMED S/O- DR. MONIR UDDIN AHMED VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035

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22: JAHER BHUYAN S/O- AZIZ BHUYAN

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Page No.# 6/22

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035 23: NURUL ISLAM S/O- LATE JUMAR ALI VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035 24: DANESH ALI S/O- NURUL ISLAM @ NURUL HAQUE VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035 25: AINAL HOQUE S/O- BUDDU MIAH VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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26: BASHER ALI S/O- INNAS ALI @ ENNAS ALI VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035 27: MATIYAR RAHMAN S/O- ABDUL KADDUS VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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28: AIJUL HAQUE S/O- TARABHANU VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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29: HASMAT ALI S/O- LATE AMIR ALI VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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30: SALEMAN ALI S/O- ABDUL HAMID VILL- PACHIM BORAGAON DIST- KAMRUP (METRO) ASSAM PIN- 781035

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31: RUPCHAN ALI S/O- ROKAN ALI

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035 32: HAJRAT ALI S/O- LATE AMIR ALI

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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33: RUKCHANA BEGUM W/O- MAHIR UDDIN

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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34: KARAM ALI S/O- HANIF ALI

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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35: NALCHAN ALI S/O- LATE GUTU MIAH VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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36: ABIDA BHUYAN W/O- SAFIKUL ISLAM

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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37: AKLIMA BEGUM W/O- FAZAL KHAN

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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38: RAKMAT ALI S/O- LATE AMIR ALI

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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39: HANIF ALI S/O- FORIDUL HOQUE

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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40: FULBAR ALI S/O- LATE SOBAN ALI

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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41: ABDUL AOWAL S/O- AFAZ UDDIN

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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42: MOKADDES ALI S/O- SAMEJ UDDIN ALI

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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43: JAIN UDDIN S/O- MOHAMMAD NASIM UDDIN

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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44: MAINUL HOQUE S/O- LATE SAMAD MIAH

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VILL- PACHIM BORAGAON

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P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035 45: MODINA BEGUM S/O- LATE HIMAYET ULLAH NONGROM

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 781035

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46: LUTFAR ALI S/O- FATIK ALI

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VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK DIST- KAMRUP (METRO) ASSAM PIN- 781035 47: ARIF ALI S/O- SOMESH ALI VILL- PACHIM BORAGAON P.O AND P.S.- GARCHUK

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DIST- KAMRUP (METRO) ASSAM PIN- 78103

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VERSUS

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THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR, GUWAHATI- 781006

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2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX) DISPUR

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GUWAHATI- 781006

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3:DISTRICT COMMISSIONER KAMRUP (METRO) ASSAM

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4:COMMISSIONER OF POLICE COMMISSIONARATE OF POLICE KHANAPARA GUWAHATI ASSAM

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5:CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI ASSAM

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6:OFFICER-IN CHARGE GARCHUK POLICE STATION GUWAHATI ASSAM

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. A. R. Bhuyan, Advocate

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For the Respondent(s) : Mr. R. Borpujari, Standing Counsel : Mr. S. S. Roy, Government Advocate

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Date on which Judgment was reserved : N/A

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· Date of Pronouncement of Judgment : 13.02.2026

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Whether the pronouncement is of the Operative Part of the Judgment : No

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Whether the full Judgment has been

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Pronounced : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners and Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4, 5 and 6. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Respondent No.2.

¶163

Forty-seven (47) writ petitioners have joined together to file the instant writ petition complaining about various notices issued by the Respondent No.5 which have been collectively enclosed to the writ petition as Anenxure-13.

¶164

The Petitioners herein claim that they are in possession of various small plots of land at village Paschim Boragaon in the District of Kamrup (M).

¶165

The possession of the Petitioners over these lands is through land sale agreement entered into with original pattadars and have been under control and care of the Petitioners for several years. It is therefore the case of the Petitioners that it is not a case that the Petitioners are encroachers but they are in settled possession upon permissions being granted by the original pattadars. Be that as it may, it is also an admitted fact as would be seen from the

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Paragraph No.5 of the writ petition that the Petitioners have applied for settlement of land under the Mission Basundhara Scheme 2.0 introduced by the Government of Assam seeking the regularization of the long-standing possession over the lands situated at Paschim Boragaon. These applications are part of the record and have been enclosed collectively as Annexure-2 to the writ petition.

¶168

Mr. A. R. Bhuyan, the learned counsel appearing on behalf of the Petitioners submitted that no decision have been taken in respect to all these applications by the Respondent Authorities. It is however pertinent to observe that filing of application seeking settlement prima facie appears that the Petitioners have admitted that these are Government lands. The learned counsel for the Petitioners further submitted that the Petitioners also have raised constructions over these lands and have been issued Holding Numbers by the Guwahati Municipal Corporation and the said documents have also been enclosed to the present writ petition.

¶169

The grievance of the Petitioners however is that while their applications seeking settlement are pending, the Respondent Authorities have issued notices under Section 18(3) of the Settlement Rules to the Petitioners on various dates. These notices

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as already stated above have been collectively enclosed as Annexure-13 to the writ petition.

¶172

The learned counsel for the Petitioners submitted that the Respondent No.5 by way of these notices have directed the Petitioners to vacate the lands within 15 days without carrying out any adjudication as regards the rights of the Petitioners qua the lands under their possession. The learned counsel further submitted that on one hand, the Petitioners have been asked to vacate within 15 days and on the other hand, the Petitioners have been also asked to appear for hearing on the 14^th day of the notice which means that even if any representation is submitted, it would not be a meaningful exercise. He therefore submitted that this is a fit case where the impugned notices are required to set aside and quashed.

¶173

Per contra, Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department submitted that the lands in question being Government lands, no person has rights to remain in occupation of such land unless allotted and settled as per the provisions of the Assam Land and Revenue Regulation, 1886 read with the Settlement Rules. He further submitted that instead of setting aside these notices, the notices

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be construed as Show Cause Notices upon the Petitioners and a period of 15 days can be granted to the Petitioners from today for submitting their respective representation(s) along with necessary evidence to substantiate their claims to remain over the said land under their occupation. He further submitted that on the basis of the respective representation so submitted by each Petitioner along with the documents, the District Commissioner, Kamrup (Metro) or the Co-District Commissioner can be directed to look into such representations and thereupon pass Speaking Orders.

¶176

I have also heard Mr. S. S. Roy, the learned Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4, 5 and 6 who also supports the submission of Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department.

¶177

This Court has heard the learned counsels appearing on behalf of the parties and has given anxious consideration to their respective submissions.

¶178

The materials on record have been duly taken note of.

¶179

A perusal of the provisions of Assam Land and Revenue Regulation, 1886 as well as the Settlement Rules clearly show that

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no person can remain in occupation of Government land without permission or allotment granted by the competent authority.

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This Court also finds it pertinent to observe that the Assam Land Policy, 2019 confers certain rights upon those persons who are in Government lands to seek settlement. This aspect has been duly taken note of by the learned Division Bench of this Court in the case of Md. Salak Uddin Vs. State of Assam and Others reported in (2024) SCC Online Gau 921 . It is very pertinent to observe that in the said judgment, the learned Division Bench of this Court observed that no matter what, a notice is required before initiating any procedure for eviction so that the principles of natural justice which forms a facet of Article 21 of the Constitution is not violated.

¶183

This Court now finds it also relevant to take note of the notices which have been issued to the Petitioners. One of such notices which have been enclosed to Annexure-13 is reproduced herein under:

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“ OFFICE OF THE CIRCLE OFFICER ::: GUWAHATI REVENUE CIRCLE

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(KAMRUP METROPOLITAN DISTIRCT)

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No. G.C.49/2015/851-925 Date : 04/02/2026

To

Page No.# 18/22

Sri Abul Ali,

Govt. Dag No.1699, 1702

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Jalukbari Mouza.

¶192

Whereas you have been found to be in unauthorized possession of a plot of land under Dag No. 1699, 1702 which is Government Khas land, without any lawful authority.

¶193

And whereas, as per the order of the District Commissioner vide Order No.KRC(M)373/2023/Misc/39 dated: 03/02/2026, any unauthorized occupant of Government land is required to vacate the land within 15 days from the date of publication of this notice under Section 18(3) of the Assam Land and Revenue Regulation, 1886.

¶194

And whereas it has also been observed that you have erected certain structures on the said land in the form of shops/school/houses/tin-shed/boundary fencing, which are also required to be removed within the stipulated time mentioned above.

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Therefore, you are hereby directed to vacate the Government land under your unauthorized possession and remove all structures standing thereon on or before 19/02/2026.

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However, if you wish to make any representation in this regard, you may appear before the undersigned on 18/02/2026 at 11:00 A.M .

¶197

Circle Officer

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Guwahati Revenue Circle

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Kamrup (M) District”

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A perusal of the said notice reveals that on one hand, one of the Petitioners have been asked to vacate within 15 days from the date of publication of the notice and on the other hand, the

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Petitioners have also been asked to submit representation and appear before the Respondent No.5 on 18.02.2026 at 11 AM.

¶203

The contents of the said noticed quoted above do not inspire the confidence of this Court taking into consideration that on one hand the Respondent No.5 had asked the Petitioner to vacate the land under their occupation and on the other hand have asked the Petitioner to appear one day prior to the date fixed for the Petitioner to vacate. It appears that the manner in which the Respondent No.5 proposes to deal with the matter is too mechanical. Under such circumstances, such course of action cannot be permitted as per the settled principles of law.

¶204

Be that as it may, as the Petitioners admittedly have received notices which have been collectively enclosed as Annexure-13 to the writ petition, it would be in the interest of justice that instead of setting aside the notices, the said notices be construed as Show Cause Notices.

¶205

The Petitioners can be granted the liberty to submit their respective representation treating the said notices as Show Cause Notice and thereby providing the necessary evidences which would show that the Petitioners have a right of settlement over the land

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in terms with the Assam Land Policy, 2019 as well as also that the Petitioners’ rights over the land have matured by operation of law.

¶208

This Court is also of the opinion that when the Petitioners are given the opportunity to submit their respective representations along with necessary evidences, an opportunity of personal hearing would also be required to be given to the Petitioners so that they are in a position to explain their case in relation to evidence produced. This Court duly takes note of a recent judgment passed by the Supreme Court in the case of Abdul Khalek and Others Vs. State of Assam and Others dated 10.02.2026 wherein the Supreme Court even in respect to reserved forest land directed that pursuant to orders passed, if the decision is not favourable, a further period of 15 days is required to be given so that the aggrieved parties can take recourse to the provisions of law.

¶209

Accordingly, the instant writ petition stands disposed of with the following observations and directions:

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(i) The notices which have been issued to the Petitioners enclosed as Annexure-13 to the writ petition shall be treated as Show Cause Notices issued to the Petitioners.

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(ii) The Petitioners having received these notices are given the

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¶213

liberty to submit respective representations within 20 days from today.

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(iii) This Court further directs that such representations be submitted to the District Commissioner, Kamrup (Metro).

¶215

(iv) The District Commissioner, Kamrup (Metro) or the Co-District Commissioner, within whose jurisdiction the lands in question are situated shall decide such representations by affording opportunity of personal hearing to the Petitioners who submit representation(s) in pursuance to the instant judgment passed by this Court.

¶216

(v) The District Commissioner, Kamrup (Metro) or Co-District Commissioner shall decide the representations by taking note of the provisions of the Assam Land and Revenue Regulation, 1886, the Settlement Rules as well as the Assam Land Policy, 2019 without being influenced by the contents of Paragraph Nos. 1 and 2 of the said notices so issued.

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(vi) It is further observed and directed that District Commissioner, Kamrup (Metro) or the Co-District Commissioner shall pass Speaking Orders against the respective claims made by the Petitioners who submit representations as per the liberty granted above.

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(vii) It is further observed that in the circumstances, the Speaking orders passed are against the claims of the Petitioners who have submitted representations, no steps for eviction be carried out for a period of 15 days from service of such Speaking Orders upon the Petitioners. In that regard, it shall be open to the District Commissioner, Kamrup (Metro) or the Co-District Commissioner to fix a date for passing the Speaking Order on the date of the personal hearing or such date as per its convenience.

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(viii) It is observed that till the aforesaid exercise is being carried out as directed hereinabove, no steps be taken for eviction of the Petitioners.

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Bijoy Digitally signed by Bijoy Saha Saha Date: 2026.02.16 10:30:40 +05'30'

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JUDGE

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Comparing Assistant

Abul Ali and 46 Ors. v. the State of Assam and 5 Ors.

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Abul Ali and 46 Ors. v. the State of Assam and 5 Ors.

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